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2020 DIGILAW 301 (SC)

Nagar Panchayat, Kymore v. Hanuman Prasad Dwivedi

2020-02-20

D.Y.CHANDRACHUD, M.R.SHAH

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JUDGMENT 1. Mr Manoj Kumar Sahu, learned counsel appearing on behalf of the petitioner, submits that: (i) The respondent, who was a Lower Division Clerk, was terminated in the year 1990; (ii) The writ petition filed by the respondent for challenging the order of termination was dismissed in 1994; (iii) As a result of the dismissal of the writ petition, the termination attained finality; (iv) In 2009, a direction was issued by the High Court for considering the representation of the respondent on the basis of which a fresh round of proceedings was initiated and ultimately by the impugned order, reinstatement has been granted with full back wages from the year 1990 and consequential benefits. 2. Issue notice, returnable in twelve weeks. 3. Dasti, in addition, is permitted. 4. Counter affidavit shall be filed within a period of six weeks from the date of service. 5. Pending further orders, there shall be a stay of the operation of the impugned judgments and orders of the High Court of Madhya Pradesh dated 20 February 2020 and 1 September 2020 in WP No 2903 of 2010 and WA No 812 of 2020 respectively.